ABA-415
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| Former in-house lawyers may not take representations materially and directly adverse to their former employers (absent consent): (1) if they "personally represented" their former employer in the same or substantially related matter (some courts indicate that the matter must be "identical" or "essentially the same" as the previous matter); or (2) if they acquired material confidential information about their former employer ("general knowledge of the strategies, policies, or personnel of the former employer is not sufficient by itself" to disqualify the lawyer; a de minimus standard might apply if the in-house lawyer only addressed legal questions on the periphery of a matter); "general supervisory responsibility such as that exercised by the head of a legal department" ordinarily does not disqualify an in-house lawyer; sophisticated companies may grant prospective consents in these circumstances. |